Jakki @ Jakki Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.42115 of 2016 (3) dt.18-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42115 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -HASANGANJ District- KATIHAR ====================================================== Jakki @ Jakki Mandal S/o Jagdish Mandal Resident of Village- Pokheria, P.S.- Hasanganj, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Hasanganj P.S. Case No. 32 of 2016 for the offences registered under Sections 302/34 of the Indian Penal Code. Diary of the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the name of the petitioner has been drawn into the first information report on the basis of suspicion. Admittedly, there are no eye witnesses to the occurrence. The petitioner is a student of Engineering and, therefore, his career would be tarnished if he is taken into custody.

Learned counsel for the State on perusal of the case

Patna High Court Cr.Misc. No.42115 of 2016 (3) dt.18-11-2016 diary submits that it has come on record that prior to the occurrence there had been an altercation at the shop of the deceased between the petitioner and 4-5 others. Thereafter, they had threatened the deceased that he would be done to death. However, independent witnesses have supported the prosecution story as has unfolded during the course of investigation. There is no material on record to show that the petitioner is a student of Engineering nor has that been stated in the application. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T